I B C Archives - Page 5 of 10 - Supreme Court of India Judgements

March 26, 2026 9:35 pm

HELD the enactment of section 142A of the Customs Act does confer or create a first charge on the dues ‘payable’ under the Customs Act, notwithstanding provisions under any Central Act, but not in cases covered under Section 529A of the Companies Act, Recovery of Debts Due to Banks and the Financial Institutions Act, 1993, Securitisation and Reconstruction of Financial Assets and the Enforcement of Security Interest Act, 2002 and the Insolvency and Bankruptcy Code, 201

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH INDUSTRIAL DEVELOPMENT BANK OF INDIA (THROUGH STRESSED ASSETS STABILIZATION FUND CONSTITUTED BY THE GOVERNMENT OF INDIA) — Appellant Vs. SUPERINTENDENT OF CENTRAL EXCISE AND…

Electricity Act I B C

Provisions of IBC to override other laws – Section 238 of the IBC overrides the provisions of the Electricity Act, 2003 despite the latter containing two specific provisions which open with non-obstante clauses (i.e., Section 173 and 174).

Jul 20, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PASCHIMANCHAL VIDYUT VITRAN NIGAM LTD. — Appellant Vs. RAMAN ISPAT PRIVATE LIMITED & OTHERS — Respondent ( Before : S. Ravindra Bhat and Dipankar…

I B C

IBC – Even the nonpayment of a part of debt when it becomes due and payable will amount to default on the part of a Corporate Debtor – In such a case, an order of admission under Section 7 of the IB Code must follow –

May 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M. SURESH KUMAR REDDY — Appellant Vs. CANARA BANK AND OTHERS — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. )…

I B C

Greater inconvenience is likely to be caused by passing any interim order of constitution of CoC in relation to the corporate debtor as a whole; and may cause irreparable injury to the home buyers – This Court are not inclined to alter the directions in the order impugned as regards the projects other than Eco Village-II.

May 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH INDIABULLS ASSET RECONSTRUCTION COMPANY LIMITED — Appellant Vs. RAM KISHORE ARORA AND OTHERS — Respondent ( Before : Dinesh Maheshwari and Sanjay Kumar, JJ.…

I B C

Insolvency and Bankruptcy Code, 2016 – Sections 30(2), 52 and 53 – In terms of Section 52 of the Code, a secured creditor in liquidation proceedings has the right to relinquish its security interest to the liquidation estate and receive proceeds from the sale of assets by the liquidator in the manner specified under Section 53 of the Code.

May 9, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S VISTRA ITCL (INDIA) LTD AND OTHERS — Appellant Vs. MR. DINKAR VENKATASUBRAMANIAN AND ANOTHER — Respondent ( Before : M. R. Shah and…

Companies Act I B C

Companies Act, 2013 – Section 164(2)(b) – Insolvency Resolution Process – Unless a categorical finding was recorded in the competent forum as regards any such default and unless specific order disqualifying the resolution applicant as director because of such default came into existence, it could not have been taken by way of any process of assumption that the appellant-resolution applicant was disqualified

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M.K. RAJAGOPALAN — Appellant Vs. DR. PERIASAMY PALANI GOUNDER AND ANOTHER — Respondent ( Before : Dinesh Maheshwari and Vikram Nath, JJ. ) Civil…

I B C

Insolvency and Bankruptcy Code, 2016 – Distribution of the assets – Companies Act, 2013 – Sections 326 and 327 of Companies act shall not be applicable – the distribution of the assets shall have to be made as per Section 53 of the IBC subject to Section 36(4) of the IBC, in case of liquidation of company under IBC

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MOSER BAER KARAMCHARI UNION THR. PRESIDENT MAHESH CHAND SHARMA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : M.R. Shah…

I B C

I B C, 2016 – S 12A – application under section 12A for withdrawal cannot be said to be kept pending for constitution of CoC, even where such application was filed before constitution of CoC HELD substituted Regulation 30A of IBC as it stands clearly provided for withdrawal applications being entertained before constitution of CoC – It does not in any way conflicts or is in violation of section 12A of IBC.

Mar 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ABHISHEK SINGH — Appellant Vs. HUHTAMAKI PPL LIMITED AND ANOTHER — Respondent ( Before : B.R. Gavai and Vikram Nath, JJ. ) Civil Appeal…

Cheque Dishonour I B C

Dishonour of cheque – Liability – the criminal proceedings under Section 138 of the NI Act will stand terminated only in relation to the corporate debtor if the same is taken over by a new management – Section 138 proceedings in relation to the signatories/directors who are liable/covered by the two provisos to Section 32A(1) will continue in accordance with law.

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AJAY KUMAR RADHEYSHYAM GOENKA — Appellant Vs. TOURISM FINANCE CORPORATION OF INDIA LIMITED — Respondent ( Before : Sanjay Kishan Kaul and Abhay S.…

I B C

Insolvency and Bankruptcy Code, 2016- Sections 18 and 25 – Exclusion of assets owned by a third-party, but in the possession of the Corporate Debtor held under contractual arrangements, from the definition of the expression “assets”, is limited to Section 18 – In other words, the Explanation under Section 18 does not extend to Section 25.

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VICTORY IRON WORKS LIMITED — Appellant Vs. JITENDRA LOHIA AND ANOTHER — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Civil…

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Service

Indian Air Force — Short Service Commission Officers (SSCOs) — Reinstatement and consideration for Permanent Commission (PC) — Dismissal of appeal challenging AFT order — Delay in approaching legal forum.

Mar 26, 2026 sclaw

Service

Short Service Commission Women Officers (SSCWOs) — Eligibility for Permanent Commission (PC) and pensionary benefits — Applicability of Air Force Human Resource Policy — Refusal of benefits due to not meeting minimum average Annual Confidential Report (ACR) grading of 6.5 — Court’s refusal to grant benefits where minimum criteria not met and no demonstrated mitigating circumstances exist compared to other successful applicants.

Mar 26, 2026 sclaw

Service

Air Force Act, 1950 — Short Service Commission Women Officers (SSCWOs) — Permanent Commission (PC) — Denial of PC — Assessment of performance and eligibility — HRP 01/2019 — Minimum Performance Criteria — ACR gradings — Mandatory In-Service Courses (MISCs) — Categorisation — Arbitrariness — Hurried implementation — Inadequate opportunity to meet criteria — Pregnancy — Deemed qualifying service for pension — One-time measure.

Mar 26, 2026 sclaw

Service

Army Act, 1950 — Short Service Commission Officers (SSCOs) — Permanent Commission (PC) — Annual Vacancy Cap — The Supreme Court examined the annual cap of 250 vacancies for PC, finding it not to be an immutable rule and that it had been breached historically for exigencies of service and policy changes, thus it should not act as an absolute bar to corrective relief, especially when the method of assessment was found to be unfair.

Mar 26, 2026 sclaw

Category: I B C

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